of a Lagos
High Court which sentenced star actress and former beauty Queen, Ibinabo
Fiberesima to five years’ imprisonment for the death of one Dr Giwa Suraj.

The court
dismissed the appeal filed by the star actress challenging the sentence which
was handed down by Justice Deborah Oluwayemi for reckless driving which caused
the death of one Dr. Giwa Suraj in an auto accident along the Lekki-Epe
expressway, Lagos.

The deceased
was a staff in one of the Lagos state’s hospitals.

In a unanimous
decision delivered by Justice Jamilu Yammama Tukur, the court also dismissed
the sentence of a Magistrate Court which had earlier awarded a N100, 000 fine
on the actress.

The Appeal
Court held that the Magistrate lacked the discretion to grant Ibinabo the
option of a fine upon conviction.

Immediately,
the judgment was delivered, Ibinabo who was visibly apprehensive throughout the
proceeding burst into tears and wept furiously.

Fiberesima Ibinabo

The court had
earlier ordered that she must appear before it when judgement is to be delivered.

Speaking on
the judgement, her lawyer, Nnaemeka Amaechina, said that the judgment would be
challenged at the Supreme Court adding that a Notice of Appeal had already been
filed.

Fiberesima had
earlier been awarded a N100, 000 fine by an Igbosere Magistrate’s Court, but
the then Lagos State Attorney-General and Commissioner of justice, Supo Sasore
(SAN), felt unsatisfied with the judgement. This prompted the state government
to take its case to the Lagos High Court.

At the Lagos
High Court, Justice Oluwayemi set aside the option of fine imposed by the
Magistrate’s Court and sentenced Fiberesima to five years’ imprisonment for
dangerous and reckless driving.

In her
judgment, Justice Oluwayemi held that the trial Magistrate exercised judicial
recklessness when he gave the convict an option of fine.

The court held
that the option of N100, 000 given to the convict did not serve the purpose of
justice in the matter and subsequently ordered that the N100, 000 should be
returned back to Ibinabo Fiberesima.

The court
added that Section 28 of the Road Traffic Law clearly provides that where a
reckless and dangerous driving has caused the death of a person, the accused
person shall be guilty of an offence and is liable on conviction to
imprisonment of seven years.

Dissatisfied,
Fiberesima in her amended appellant brief filed by her lawyer, Nnaemeka
Amaechina before the Court of Appeal urged the court to set aside the five-year
sentence and restore the decision of the Magistrate Court.

Amaechina had
argued that the Magistrate’s Court exercised its discretion properly and there
was no ground to review it by the High Court.

He submitted
that by virtue of the Notice of Increase in Jurisdiction of Magistrates, No. 7
of 2006, the trial Magistrate could only impose a maximum of seven years’
imprisonment or N100, 000.00 fine.

He added that
N100, 000.00 fine is the maximum limit the trial Magistrate can impose as fine
and that was what it imposed on the appellant.

In her
response, counsel to Lagos State, Rotimi Odutola (Mrs.) argued that the law
creating the offence of dangerous driving causing death has provided for a term
of imprisonment as punishment for anyone convicted under section 28 hence the
trial Magistrate ought not to exercise such arbitrary discretion to impose
N100.000.00 as fine.

Odutola
further submitted that the children of the deceased have been permanently
deprived of the ‘’measureless contributions’’ of their father to their lives as
a result of his death caused by the appellant.

She urged the
court to uphold the judgement of the Lagos High Court and dismiss the appeal.

The
Commissioner of Police, Lagos State Command had in 2005 charged the ex-beauty
queen [Fiberesima] to the magistrate court on a two-count charge of dangerous
and reckless driving along Epe Expressway, Lagos which resulted to the death of
Dr. Giwa Suraj.